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Newtown Title Agency conducts research in the land records and real estate
tax records to determine if we are willing to issue a title insurance commitment
or policy insuring an owner's legal right of ownership of land and/or a lender's
legal right to the land under a mortgage or deed of trust. The research includes
an examination of the deeds, wills, or lists of heirs by which the current owner
and prior owners received their right of ownership or title, as well as an
examination of mortgages/deeds of trust, easements, covenants and restrictions, judgment liens, financing
statement liens, recorded mechanic's liens, real estate tax liens, storm water
fee liens, nuisance abatement liens, and other recorded liens or matters
adversely affecting the land owner's right of ownership and the lender's rights
under a mortgage/deed of trust. The results of the research are used to
determine if we are
willing to issue a title insurance commitment or policy to an owner or lender
and, if so, what documents we will require to be executed and recorded prior to
issuing a title insurance policy and what exceptions to coverage will appear on
the title insurance policy.
Matters
which cannot be determined by title research but which are covered by a title
insurance policy include forged documents, fraudulent documents, erroneous
representations in documents, the competence or capacity of someone signing a
document, errors in indexing documents in the land records, clerical errors in
recording documents, and unrecorded documents.
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